Developments in Recognition Process of New States

International law of our time is different from the classic jus gentium which was mainly a state-centered body of law. Today’s international law is -as mentioned by many scholars- humanized which means that the rules and principles of human rights are at the core of the modern international law. This evolution also has influenced the rules of international law with respect to creation of new states and their recognition.
This article is a case-study of Daesh or the Islamic state which is indeed neither Islamic nor a State mainly because it is not a legitimate entity under international law. The main argument here is in today’s international law the States are not allowed to recognize as lawful a situation or an entity such as Daesh which is created by a series of gross violations of international human rights law. Therefore, apart from the pre-requisites established by the 1933 Montevideo Convention, a new State will be recognized only in case of legitimacy.